Nepal Govt Proposes Stringent Social Media Regulation Bill

In a significant move to regulate social media usage, the Government of Nepal has proposed a comprehensive bill outlining new rules and penalties for social media platforms and users. The Ministry of Communication and Information Technology released the draft for public feedback, emphasizing the need for tighter control over digital platforms.

Highlights of the Proposed Legislation

1. Mandatory Social Media Registration: Under the new bill, operating a social media platform without registration could lead to a hefty fine of up to 2.5 million rupees. This move aims to bring social media operations under governmental oversight.

2. Comprehensive Penalties for Non-Compliance: The bill sets forth a fine of up to five lakh rupees for violations other than registration issues. In cases of repeated offenses, the proposed legislation doubles the penalty, indicating a strict stance against non-compliance.

3. Enhanced Privacy and Investigation Protocols: The bill includes clauses for protecting personal privacy. In cases of privacy breaches, matters will be forwarded to relevant agencies for thorough investigation.

4. Judicial Oversight and Appeals: The bill assigns the Information Technology Bench in District and High Courts the jurisdiction to hear appeals related to social media offenses, ensuring a legal pathway for resolving disputes.

5. Designated Complaint Handling Bodies: Five government agencies, including the Department of Information and Broadcasting and Nepal Police, have been assigned the role of addressing grievances related to social media misuse.

Specific Provisions for Social Media Operators

• Registration Requirements: Operators wishing to run a social media platform must register with the Social Media Management Center. The bill outlines 16 different document types required for registration, based on the platform's nature.

• Content Removal Obligations: Social media operators are mandated to remove content deemed inappropriate by the management center or related agencies. Failure to comply can result in fines up to 10 lakh rupees.

User Guidelines and Restrictions

The bill sets clear guidelines for social media users, prohibiting acts that threaten national unity, propagate hate speech, or spread misinformation. It also bans cyberbullying, creation of fake IDs, and content that could harm children or violate personal privacy.

• Prohibition of Content Against National Unity: Users are not allowed to post content that could harm the country's sovereignty, geographical integrity, or national unity. This includes any material that could be seen as divisive or threatening to the stability of the nation.

• Ban on Hate Speech and Offensive Language: The bill strictly prohibits hate speech, swearing, and insulting language. This includes any form of communication that incites hatred against individuals or groups based on race, religion, ethnicity, or other characteristics.

• No Misinformation or False Information: Publishing or broadcasting false information, especially that which can cause public harm or panic, is banned. This includes the spread of disinformation and rumors, particularly around sensitive subjects like disasters or health crises.

• Restrictions on Illegal Advertising and Business: The bill sets clear boundaries on advertising and business practices, forbidding any activities that are illegal under Nepalese law. This includes the promotion of banned products or services.

• Cyberbullying and Online Harassment: Engaging in cyberbullying or online harassment is strictly prohibited. This includes the creation of fake profiles, pages, or groups intended to deceive or harm others.

• Cultural and Ethical Considerations: The legislation emphasizes respect for cultural values and ethical norms. It prohibits content that encourages child labor, polygamy, caste discrimination, or any form of untouchability. Furthermore, content harmful to women or children, including exploitative or abusive material, is strictly banned.

• Privacy and Personal Data Protection: The bill includes provisions against violating personal privacy, which covers unauthorized use of someone's personal data, images, or other private information.

• Special Provisions for Election Periods: There are specific rules against using social media to influence elections unfairly, including the spread of false information about candidates or the electoral process.

• Ban on Obscene and Defamatory Content: Users are prohibited from spreading obscene materials, defamation, and rumors, especially those related to disasters or emergencies.

Establishment of a Social Media Management Council

The proposed bill calls for the formation of a Social Media Management Council to oversee policy and usage guidelines. Chaired by the Minister of Communication and Information Technology, the council will include various government officials, ensuring a regulated environment for social media in Nepal.